Due process delays sanctions vs Comelec poll violators- Año


Department of the Interior and Local Government (DILG) Secretary Eduardo Año conceded on Thursday, March 24 that ‘it takes time’ for erring political bets, government workers and other individuals to be penalized for election-related offenses as ‘due process’ has to be observed.

“Ang ating sistema (in the country) kasi hindi katulad nung dictatorial government na kapag nakita mo ngayon (violations) stop ka na tapos may parusa na kinabukasan. Siyempre may due process. Kailangan aalamin mo kung sino yung mga concerns, sino yung culprits diyan, sino yung mga accessories diyan so medyo talaga magtatake time sa dami rin lalo, nationwide tayo. (The system is unlike in the dictatorial government where the infraction is stopped right away when the violation is committed with sanctions imposed immediately. Of course we have due process. You have to identify the concerned parties, who the culprits are, who the accessories are. So it will really take time due to the sheer number nationwide),’’ Año explained in a DzBB interview.

However, Año insisted that initially an efficient way to deter election-related offenses is through the exposure of the poll violators specifically in social media.

After uncovering the identities of the errant poll campaign violators, Año noted that the authorities can “focus now’’ on the specific incident or event that will be directly reported to the Commission on Election (Comelec) campaign committee to start the investigation.

“It would take time talaga bago maparusahan (before they are punished) because of the due process pero by being exposed tumitigil kaagad sila eh (but by being exposed they immediately stop),’’ he added.

Año revealed that based on experience investigations were started citing that the Comelec’s concern is what we refer to as ‘election offenses.’

“Ang sa amin (DILG) administrative (In our case it is purely administrative in nature) and it would always follow kung merong election offenses (if there are election offenses) or even criminal offenses, laging papasok yung ating administrative (administrative cases will always follow),’’ he noted.

Citing as an example, Año said that an investigation was immediately conducted in the case of the barangay health workers wearing Department of Health (DOH) uniforms during a campaign rally.

He noted that the guilty parties were not only investigated but also reprimanded where the barangay health workers were on hand to ensure that the minimum health standards are enforced “pero talagang mali naman yung nagsuot sila ng DOH t-short, mga ganung bagay (but is was really a mistake for them to wear DOH t-shirts, those kinds of things.’’

The DILG chief disclosed that the department had also monitored and received reports of political bets using government vehicles and other resources in their campaign sorties, which is unlawful.

“Yung hinahakot at ginagamit ay mga LGU vehicles. Bawal yan, hindi pupuwede yan. Tao, materyal, financial, hindi pupuwede yan na pag aari ng gobyerno ay gagamitin (Instances where LGU vehicles are gathered and used. That is prohibited, it is not allowed. People, financial resources, that is not permitted since they are government owned that cannot be used),’’ he noted.

Año urged the public to immediately report these unlawful election practices to the Comelec Campaign Committee where they may be located in the city, municipality and “all the way to the region.’’

“So ibigay niyo kaagad yung details diyan para masimulan kaagad natin yung investigation (give the details immediately so that the investigation can start right away),’’ Año said.

Año reminded the barangay officials that ‘any semblance of campaigning’ including the wearing of outfits akin to the political color of a political candidate is illegal emphasizing that they should be ‘apolitical’.

He insisted that these offenses are punishable by the law “at may kaukulang araw din kung kailan lalabas yung parusa nila (and there is the particular date when their penalties will come out).’’

“For the meantime talagang nananawagan at nagbibigay tayo ng babala sa buong bansa yung mga government workers, hindi kayo pupuwede mangampanya. Neutral kayo dapat or non-partisan. Sa AFP (armed Forces of the Philippines) lalo na, PNP (Philippine National Police), mga barangay officials at number two huwag na huwag natin ipagagamit ang mga resources ng pamahalaan. Alam naman natin merong ruling ang ating CSC (Civil Service Commission) diyan na kailangan ito nakahimay kung ano yung mga hindi pupuwedeng gamitin (we are really calling the public’s attention and warning the whole country, the government workers that you cannot campaign. You should be neutral or non partisan. Most specifically the AFP, PNP, the barangay officials and number two do not even let the government resources be used for campaigning. We are all aware of the CSC ruling on this where the prohibited things should be explicitly indicated),’’ the DILG chief stressed. (Chito A. Chavez)